18 years for 'homicide by heart attack'

'I'm sorry that he died,' defendant says of beating that contributed to man's death.

'I'm sorry that he died,' defendant says of beating that contributed to man's death.

December 01, 2006|PATRICK M. O'CONNELL Tribune Staff Writer

SOUTH BEND -- The South Bend man convicted of "homicide by heart attack" was sentenced Thursday to 18 years in prison. Judge John M. Marnocha said Charles E. Jackson's extensive criminal history warranted a sentence close to the maximum 20 years for his role in the March 14, 2005, death of Dick E. Priebe Jr. The case was described by the prosecutor as "a horrible tragedy and ... very unusual" and by the judge as having "interesting academic and legal issues." Priebe, 47, died after Jackson beat him unconscious during a street fight. At the time of his death, Priebe had heart disease, traces of cocaine in his system and an alcohol level more than three times the legal limit. But a forensic pathologist testified at Jackson's bench trial in October the injuries Priebe sustained in the beating contributed to his death. Jackson was convicted of aggravated battery, a charge prosecutors filed because they said they could not prove Jackson meant to kill Priebe. The two men had challenged each other to the fight, saying they were going to "settle it like men." Marnocha acknowledged Priebe's role in the fight, but said he could not overlook the role that Jackson's beating had in Priebe's death. At the sentencing hearing, Jackson, 52, who has been diagnosed with paranoid schizophrenia, according to his lawyer, said he had no choice but to fight Priebe. But Jackson also expressed remorse. "I'm sorry that he died because I liked Dick," Jackson told the judge. Priebe's sister, Sara Johnson, said Priebe's death has left a void at family gatherings, especially around the holidays, and added that it pains the family that her brother died alone and in fear. "Charles Jackson took something away from our family and it will never be replaced," Johnson said. "We do not want to see this happen to another family. People need to be protected from such a violent man." After the hearing, Johnson said she believed the sentence was appropriate. "I'm very happy with it and maybe a little surprised because it seems like everything seems to be lenient," Johnson said. Deputy Prosecutor Joel Gabrielse also agreed with the sentence. "While the judge said this was a very interesting legal case, it's still a case where somebody died," Gabrielse said. "Whether it's two years in jail or 20 years in jail or a lifetime in jail as a sentence, it doesn't bring the victim back or make this right." Staff writer Patrick M. O'Connell: poconnell@sbtinfo.com (574) 235-6357